Terms and Conditions
Welcome to our Website. The use of this Website is subject to the following:
a. All Goods and Services supplied by us (Supertee) to You are supplied in accordance with these Terms and Conditions (Terms).
a. Acceptance means consenting to receive Goods and Services undertaken by Supertee by way of verbal or written notice in accordance with the Terms and Conditions as prescribed
b. Force Majeure Events means any act, event or circumstance outside the reasonable control of the Company, including but not limited to, war, strikes, lockouts, industrial disputes or unrest, government restrictions or intervention, transport delays, fire, act of God, breakdown of plant, shortage of supplies or labour, health orders, pandemic, storm or tempest, theft, vandalism, riots, civil commotions or accidents of any kinds.
c. Goods and Services means all Goods and Services supplied by Supertee to You and are as described on the receipts, invoices, quotation or any other forms as provided by Supertee to You.
d. Supertee means Fair Fight Foundation Ltd (ACN 642 609 425) trading as Supertee, and each of its related body corporate, agents, successors and assigns (as applicable).
e. Website means the following URL, https://www.supertee.org.au/
f. You means the you, customer, donor, donee, volunteer, its successors and assigns or any person acting on behalf of and with the authority of You, as so described on any application, quotation, work authorisation or other form provided by Supertee to You.
3. Use of Website
a. You agree that the content of the pages of this Website is for your general information and use only and is subject to change without notice.
b. Neither Supertee nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and Supertee expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.
c. Your use of any information or materials on this Website is entirely at your own risk, for which Supertee shall not be liable.
d. You acknowledge that any unauthorised use of this Website may give rise to a claim for damages and/or be a criminal offence.
e. You acknowledge that this Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that Supertee endorses the website(s). Supertee has no responsibility for the content of the linked website(s).
4. Purchase of Supertees
a. You as the Customer warrant that you have chosen the correct size for the garment pursuant to the size guides on the Website. The garments cannot be returned or exchanged as a result of an incorrect purchase due to safety and hygiene reasons.
b. You warrant that the use of the garments purchased on the Website is at You and the user’s sole discretion and risk.
c. Any representation, consumer guarantee, warranty or condition or undertaking that would be implied in these Terms or under these Terms by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by the Australian Consumer Law and all other applicable Law.
d. You further warrant and agree not to denigrate or bring into disrepute the reputation of Supertee by posting negative feedback or comments on any forum, including but not limited to social media.
e. Payments owing shall be made out in full to Supertee once an order has been made on the Website.
f. If Supertee incurs processing fees as a result of any payments made by You which are subsequently dishonoured, then Supertee may charge You the amount of such processing fees and You must pay that amount to the Company immediately on request.
g. If You fail to make a payment in accordance with these Terms or any other agreement between Supertee and You, after demand for payment by Supertee, or if Supertee believes that You cannot fulfill your obligations under these Terms, then Supertee may suspend performance of its obligations under the agreement between Supertee and You until all amounts owing by You are paid in full;
a. By donating to Supertee, you are agreeing to our Terms including our refund and receipting policy. Please review our Terms prior to making your donation.
b. Online donations:
i. If you donate online on the Website, you will receive acknowledgement of your donation from Supertee.
ii. If you donate online through one of our fundraising partners a receipt will be generated according to their terms and conditions.
iii. If you donate through another online fundraising campaign a receipt may be generated according to the terms and conditions of that
c. If you donate by any other method (e.g. direct debit, bank transfer, cheque), please contact Supertee directly and request a receipt.
6. Making a Payment
a. How to Pay – You will be guided through the payment process once You have made your selection. The general method of payment on our web site is by credit card and we also offer a direct deposit option. Credit Card details are not stored for once-off transactions however, if You choose to make a recurring donation, Your details are stored by our payment processor in accordance with industry standards.
b. Supertee may charge You a surcharge for credit card payments at Supertee’s discretion.
c. All transactions are processed in AUD.
d. Upon finalisation of each order or donation a receipt will be issued to You. Donations of $2.00 or more are tax deductible.
7. Refunds and Cancellations
a. Refunds are at the discretion of Supertee.
b. This may be available if You make an error in Your donation. Please contact Supertee immediately if this is the case.
c. Donations cannot be cancelled if Supertee have already notified a third party of its receipt.
d. If a refund is provided or an amount adjusted by Supertee, the original receipt issued for the incorrect amount will become invalid and a new receipt will be issued for the amount of the adjusted donation (if applicable).
e. Supertee reserves the right to pass any refund transaction charges on to You.
f. Refunds will be returned using the original method of payment.
g. Should an error be made by Supertee or its financial institution(s), a refund of the full amount will be made once Supertee is notified of the error in writing and all costs will be borne by Supertee or its financial institution(s).
8. Force Majeure
a. The obligations of Supertee will be suspended during the time and to the extent that Supertee is prevented from or delayed in complying with those obligations as a result of the Force Majeure Event.
b. The Customer acknowledges and agrees that the Company is not liable for any delay, costs, loss or damage as a result of a Force Majeure Event and these Terms can be used as a bar to proceedings.
a. Subject to this clause, and to the maximum extent permitted by the Australian Consumer Law and all other applicable Law, Supertee is not liable to You or to any third party for:
i. any loss or damage of any kind caused by or resulting from any act omission of that other party or any of its employees, agents or contractors; or
ii. any loss, damage, liability, expense, injury or death sustained or incurred by You or any other party, including without limitation any loss of profits, or economic, special, indirect or consequential loss or damage, whether resulting directly or indirectly out of any negligence of the Company, the supply, performance or use of any Goods or out of any breach of Supertee under any contract incorporating these Terms, even if notified of the possibility of that potential loss of any loss or damage
b. In no event will the liability of Supertee exceed the purchase price of the Goods or donation supplied by You.
a. You agree to indemnify Supertee against all actions, claims, proceedings, demands, liability, losses, damages, expenses and costs (including legal costs on a full indemnity basis) that may be brought against Supertee or which Supertee may pay, sustain or incur as a direct or indirect result of any one or more of the following:
i. any breach or non-performance of these Terms by You;
ii. any breach by You of any consumer guarantee, warranty, right or remedy given by You expressly or arising by operation of the Australian Consumer Law or any other applicable Law;
iii. any wrongful, willful or negligent act or omission of You;
iv. the storage, handling or use of any Good sold under or in connection with these Terms, except to the extent that the relevant action, claim, proceeding, demand, liability, loss, damage, expense or cost was caused by the wrongful, willful or negligent act or omission of Supertee or any of its employees, agents or contractors; and
v. any injury or loss sustained by any person who is employed or engaged by You as an employee, agent or contractor for the purpose of (among other things) the performance by You of its obligations under these Terms and who suffers any injury or loss arising out of or in the course of such employment or engagement.
11. Intellectual Property and Trademarks
a. This Website contains material which is owned by or licensed to Supertee. This material includes, but is not limited to, copyright, design, layout, look, appearance, graphics, patents, inventions, trade, business, Company names, logos (Intellectual Property). Reproduction is prohibited.
b. All trademarks and intellectual property reproduced on this Website, which are not the property of, or licensed to Supertee, are acknowledged on the website.
c. You acknowledge and agree that each Intellectual Property right is owned or entitled to be owned or used by Supertee.
d. Your purchase of the Goods does not confer on You any licence or assignment of any patent, design, trademark, or any other Intellectual Property rights that exist in the Goods or that appear on the Website.
e. You must:
i. not use the Intellectual Property at all;
ii. not license any of the Intellectual Property Rights to or allow the use of any of the Intellectual Property rights by any other person in any circumstances;
iii. immediately notify Supertee of, and comply with Supertee’s directions in relation to, any issue, claim, demand, threat, notice of proceedings, or cause of action (whether contingent, accrued or otherwise) against or involving You relating to any Intellectual Property rights; and
iv. do all other acts and things that may be reasonably required by Supertee to ensure the protection of the Intellectual Property rights.
f. You are not authorised to broadcast, download, copy, distribute, store, transmit, display, print or publish any content of Supertee.
12. General Provisions
a. These Terms are governed by and construed in accordance with the laws of New South Wales and each party to these Terms irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales.
b. Supertee may suspend You from requesting Goods and/or Services at its sole discretion, without liability to You, if You breach these Terms or if Supertee reasonably suspects that these Terms have been breached, or if suspension is required for technical reasons.
c. Supertee may license, sub-contract or assign all or any part of its rights and obligations without Your consent and in so doing Supertee is fully discharged from its obligations to You.
d. You may not assign its obligations under these Terms without Supertee’s written consent.
e. You warrant that You have the power to enter into these Terms and have obtained all necessary authorisations to allow it to do so and that these Terms create binding and valid legal obligations on it.
f. These Terms shall prevail to the extent of any inconsistency with any other document or agreement between You and Supertee.
g. A provision of these Terms or a right created under it may not be waived or varied except in writing, signed by Supertee.
h. The failure by Supertee to enforce any provision of these Terms shall not be treated as a waiver of that provision, nor shall it affect Supertee’s right to subsequently enforce that provision.
i. While these terms and conditions are current at the time of production, Supertee reserves its rights to vary, change, amend or delete any part, thereof, at any time for any reason.